Overview
Administrative mediation is an amicable method of resolving disputes involving a public entity (the government, a local government, a public institution, etc.) and a third party (an individual, a business, or an organization).
It involves bringing in an independent mediator whose role is to help the parties resume dialogue, better understand each other’s positions, and seek a mutually acceptable solution.
Mediation does not replace a judge. When the parties agree to it, it makes it possible to avoid or resolve a dispute.
Types of Disputes Involved
Administrative mediation may be considered, in particular, for:
- the execution of administrative contracts; ;
- certain disputes with local governments; ;
- disputes between a public institution and a company; ;
- certain disputes relating to public works; ;
- the occupation of public property; ;
- certain financial or contractual disputes; ;
- disputes for which a law provides for or authorizes mediation.
It may be initiated before the case is brought before an administrative judge or during litigation proceedings.
Excluded Situations
Mediation is generally not appropriate when:
- The law prohibits any such transaction; ;
- the government exercises non-negotiable police or enforcement powers; ;
- A decision must be made in the public interest, with no room for compromise; ;
- the parties do not wish to participate voluntarily in the process; ;
- The dispute concerns an issue that cannot legally be the subject of mutual concessions.
Types of Intervention
Depending on the situation, mediation may take place:
- in person ;
- via videoconference ;
- by phone ;
- through correspondence or email; ;
- in the form of joint meetings.
The mediator may meet with the parties separately or together.
Conditions for Admissibility
For mediation to be a viable option:
- There must be an actual dispute; ;
- The parties must be identified; ;
- Each person must agree to participate of their own free will; ;
- the dispute must be capable of being settled amicably; ;
- No legal provision shall prohibit mediation.
How to Find the Right Mediator
Depending on the nature of the dispute, there are several options available:
- the mediator appointed by the relevant government agency; ;
- a mediator chosen by mutual agreement between the parties; ;
- a mediator proposed by the administrative judge; ;
- a specialized agency established under applicable laws.
There is no single ombudsman with jurisdiction over all administrative disputes.
The referral procedure
- Identify the exact nature of the dispute.
- Verify that mediation is legally possible.
- Contact the appropriate mediator.
- Provide a statement of the facts and supporting documentation.
- The mediator verifies whether the matter falls within his or her jurisdiction and whether the request is admissible.
- If the parties agree to mediation, the process begins.
How the process works
The mediator:
- hears the arguments of each party; ;
- identifies points of agreement and disagreement; ;
- facilitates dialogue; ;
- can organize several meetings; ;
- helps the parties reach a balanced solution.
It does not settle the dispute and does not impose any decision.
Typical timeframes
Processing times vary depending on the complexity of the case.
As a guide:
- admissibility review: a few days to a few weeks; ;
- Simple mediation: one to three months; ;
- Complex case: several months.
The various possible outcomes
Mediation can result in:
- complete agreement; ;
- a partial agreement ;
- the withdrawal of certain claims; ;
- an admission of failure.
When the parties reach an agreement, it may, in certain cases, be approved by the court or incorporated into a settlement.
Consequences in the Event of Failure
If no agreement is reached:
- the parties regain their freedom of action; ;
- they may initiate or continue proceedings before the competent court; ;
- Discussions that take place during mediation are, in principle, confidential, except as provided by law.
Advantages and limitations
| Benefits | Disadvantages |
|---|---|
| A procedure that is generally faster than a trial | Impossible without the parties' consent |
| Often less expensive than litigation | Does not always succeed |
| Maintains relationships between the parties | Certain disputes are excluded by law |
| Seeking a practical solution | The mediator cannot impose a decision |
| Opportunity to avoid a lengthy legal dispute | It may simply delay the legal proceedings if no agreement is reached |
Key points
When a public service is in dispute with a third party, mediation is often an appropriate solution before initiating legal proceedings, provided that the dispute can legally be settled out of court and that both parties agree to participate.
Main applicable texts
- Articles L. 213-1 through L. 213-10 of the Code of Administrative Justice (mediation before an administrative judge).
- Articles L. 421-1 et seq. of the Code Governing Relations Between the Public and the Administration, in accordance with the relevant administrative procedures.
- Articles 2044 through 2052 of the Civil Code (settlement).
Cross-check: The request cannot be granted by designating a single mediator, as French law does not provide for a universal mediator with jurisdiction over all disputes in which a public entity is the plaintiff. Administrative mediation is a legal framework, but the competent mediator varies depending on the nature of the dispute.